The website www.btc.com.au and the mobile application (collectively referred to as the Site) are operated and controlled by BTC.COM.AU PTY. LTD. (ABN: 52 625 367 811) (BTC.com.au, we, our or us). We provide the Services to customers (Customer, you or your), subject to these terms of service (Terms).
The risk of loss in trading or holding bitcoin can be significant and you should carefully consider whether trading or holding bitcoin is suitable for you.
We provide the following Services from the Site:
1) bitcoin brokerage service, where we allow you to purchase bitcoin via our Site (BTC Purchasing Service)
2) bill paying services, which allows you to exchange your bitcoin for AUD with us, and then instruct a third party service provider, Living Room of Satoshi, on your behalf in our capacity as your agent to pay a bill of up to $1,000 (Bill Paying Service)
3) “pay a bank” service, which allows you to exchange your bitcoin for AUD with us and then instruct a third party service provider, Living Room of Satoshi, on your behalf in our capacity as your agent to transfer that money into a nominated bank account (Bank Service)
4) issue BTC.com.au ATM/eftpos cards (Card Service).
To be eligible to use the Services, you must be at least 18 years old and an Australian resident. We reserve the right to refuse to give you an account or provide our Services to you at any time. We may also ask you for more information before agreeing to open an account.
3.1 Registering for an Account
3.2 Verifying your identity
You agree to provide us with the information we request to assist us to verify your identity and detect any money laundering, terrorist financing, fraud or other financial crime, and permit us to keep a record of such information and share it with third parties for the purpose of verifying your identity. You agree that you may need to complete verification procedures before you can use the Services, and your access to one or more of the Services may be suspended or terminated as a result of information we collect on an ongoing basis. In providing us with information we may require, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorise us to make inquiries, both directly and through third parties we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take any action we deem necessary based on the results of such inquiries. You also acknowledge that we may require you to wait an amount of time after completion of a transaction, before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume limits.
The Services can be accessed directly using the Site. To access the Services, you must have the necessary equipment (such as a smartphone or tablet) and access to the Internet.
3.4 Account Security
You are responsible for protecting and maintaining the security of your Account details, including your Account login and password, any wallet that you direct us to transfer your bitcoin to, your computer (or other computer that you use to access our Services), your bank account details and your personal data against any theft, fraud or illegal activity. You can personalise your Account security settings once your Account has been activated, including activating SMS multi-factor authentication.
4.1 Appointment as agent to purchase
You appoint us to act as your agent to purchase bitcoin on your behalf, in accordance with any Purchase Orders you make.
4.2 Authorised Payment Method
The Purchasing Service enables you to pay for the bitcoin you instruct us to purchase using an Authorised Payment Method. The availability of an Authorised Payment Method depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.
4.3 Placing Instructions
The Services can be accessed directly using the Site. To access the Services, you must have the necessary equipment (such as a smartphone or tablet) and access to the Internet.
To purchase bitcoin, login to your Account, click “Buy Bitcoin” and select the Authorised Payment Method you wish to use. Follow the prompts and input the AUD amount of bitcoin you wish to purchase, or the number of bitcoin (or part thereof) you wish to purchase. After you have completed the Purchase Order, we will provide a quotation based on the current spot price of bitcoin. The quotation includes all commissions and GST payable (Fees). The quotation will remain valid for 15 minutes if your payment method is POLi Payments and 60 minutes if your payment method is blueshyft (Valid Quotation Period). You must make payment within the Valid Quotation Period for the transaction to be completed. After the Valid Quotation Period, the offer expires and you will need to place another order if you still wish to purchase bitcoin.
When payment is made during the Valid Quotation Period, you authorise us to initiate the Purchase Order at the quoted buy price, including the Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, the transaction will not proceed. We are not responsible or liable for any failure of your selected Authorised Payment Method.
We reserve the right to refuse any Purchase Order for any reason and at any stage of the transaction process, in our absolute discretion. If you have initiated payment via an Authorised Payment Method before we refuse an order, provided the transaction has not been successfully completed, we will refund the payment less any Fees in full. You agree that we will not be liable in respect of any order cancellation.
4.4 Processing transactions
We will process a Purchase Order in accordance with your instructions. You should verify all transaction information prior to submitting Instructions to us. We do not verify the identity of any receiver of bitcoin or other party to a transaction, and cannot verify that you are indeed the person who has lodged the Purchase Order. Transactions cannot be reversed once they have been broadcast to the relevant bitcoin network.
We may charge network fees (miner fees) to process a Purchase Order on your behalf. We will calculate the network fee in our discretion, although we will always notify you of the network fee at or before the time you place the Purchase Order and authorise the transaction.
We do not guarantee the availability of any bitcoin exchange rate beyond the Valid Quotation Period, or that you will be able to buy your bitcoin on the open market at any particular price or time.
4.5 Providing a wallet address for your bitcoin
Bitcoin purchased by us on your behalf will be sent directly to the wallet address that you provide to us in your Purchase Order. Before finalising the Purchase Order, we will validate that bitcoin address, by sending a nominal amount of bitcoin to the address provided, to verify the existence of that wallet address. We do not verify that you are the owner or controller of that wallet address. You alone are responsible to ensure you accurately entered the wallet address, and you acknowledge that we are not responsible for any error on your part in entering the correct wallet address, and you agree to carefully check and confirm the wallet address you provide to us in your Purchase Order.
We will not hold bitcoin for customers or offer wallets or any wallet services under any circumstances.
5.1 Appointment as agent to instruct third party
You appoint us as your agent to instruct Living Room of Satoshi to:
1) pay bills via BPAY
2) pay down your credit card via BPAY
3) pay AUD into a nominated bank account,
after we have exchanged bitcoin to AUD in accordance with your Instructions, for the purpose of making available the Bill Paying Service and the Bank Service.
5.2 Bill Paying Service
The Bill Paying Service enables you to pay bills and/ or pay down your credit card by exchanging your bitcoin into AUD, and paying the selected bill via BPAY. The Bill Paying Service is accessed via the Site and performed by a third party, Living Room of Satoshi. We do not guarantee the performance of Living Room of Satoshi. The Bill Paying Service is limited to paying bills of up to $1000 AUD.
5.3 Bank Service
The Bank Service enables you to pay a bank account with bitcoin, by exchanging your bitcoin into AUD, and paying the AUD into the bank account nominated by you. The Bank Service is accessed via the Site and performed by a third party, Living Room of Satoshi. We do not guarantee the performance of Living Room of Satoshi. You may pay up to a maximum of $50,000 AUD into your personal bank account, as verified by Living Room of Satoshi, or a maximum of $1,000 AUD into a third party’s bank account.
5.4 Entry of information your responsibility
You agree and acknowledge that the successful transfer of AUD to the bill issuer and/or bank is dependent on you entering the correct BPAY reference and/or bank account details. We take no responsibility for and are not liable for any loss caused by an error in the entry of information. Once an Instruction has been confirmed, it is not able to be reversed.
5.5 Third parties
We have no control over, or liability for, the delivery, quality, safety, legality, content or any other aspect of the services provided by Living Room of Satoshi or other third parties via the Site. We are not responsible for ensuring that Living Room of Satoshi will complete the transaction or is authorised to do so. If you have a dispute with Living Room of Satoshi, your bill issuer or your bank, you should resolve the dispute directly with that party. If you believe Living Room of Satoshi has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with Living Room of Satoshi, you may notify us at https://btc.com.au/contact so that we may consider what action to take, if any.
There are no separate fees charged by Living Room of Satoshi. Living Room of Satoshi makes money from currency spread and not by charging you a fee for their service.
5.7 Affiliation with Living Room of Satoshi
We earn an affiliate commission from Living Room of Satoshi each time a customer accesses and uses the Bill Paying Service or the Bank Service via the Site.
5.8 Limitation of liability
You agree that neither we, nor any of our respective officers, directors, agents, employees or representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with a dispute with Living Room of Satoshi or any other third party.
6.1 Card issuer and account holder
The BTC.com.au Card is issued by EML and remains the property of EML. We are an authorised representative of EML and are involved in the distribution of the BTC.com.au Card. The balance on your BTC.com.au Card is held in a special purpose account maintained by a third party, Cuscal Limited ACN 087 822 455 (AFSL 244116) (Cuscal). Cuscal is responsible for the settlement of transactions using your BTC.com.au Card, but may outsource these functions to other service providers.
6.2 About the BTC.com.au Card
The BTC.com.au Card is a prepaid, reloadable eftpos debit card and is not a credit or charge card. The card can hold up to a maximum of $999. The BTC.com.au Card Product Disclosure Statement includes important information about the BTC.com.au Card, including fees and charges, and is available online at https://btc.com.au/atm-pds.
6.3 Loading and reloading your BTC.com.au Card
To load and reload your BTC.com.au Card, you must initiate a Card Instruction via the Site, follow the prompts and input the AUD amount of Bitcoin (BTC), Ether (ETH), Litecoin (LTC), OmiseGO (OMG), Bitcoin Cash (BCHABC), or Ripple (XRP) you wish to sell, or the number of Bitcoin (BTC), Ether (ETH), Litecoin (LTC), OmiseGO (OMG), Bitcoin Cash (BCHABC) or Ripple (XRP) (or part thereof) you wish to sell, for the purpose of loading or reloading your BTC.com.au Card, and confirm the Card Instruction. Upon confirmation of your Card Instruction, we will arrange to sell your Bitcoin (BTC), Ether (ETH), Litecoin (LTC), OmiseGO (OMG), Bitcoin Cash (BCHABC) or Ripple (XRP) for AUD. After we receive your Bitcoin (BTC), Ether (ETH), Litecoin (LTC), OmiseGO (OMG), Bitcoin Cash (BCHABC) or Ripple (XRP), the AUD value of the Bitcoin (BTC), Ether (ETH), Litecoin (LTC), OmiseGO (OMG), Bitcoin Cash (BCHABC) or Ripple (XRP) will be credited to and available for use on your BTC.com.au Card.
You acknowledge and agree that we cannot guarantee the successful delivery and/or receipt of your bitcoin, ether or litecoin, and that we are not liable for any Bitcoin (BTC), Ether (ETH), Litecoin (LTC), OmiseGO (OMG), Bitcoin Cash (BCHABC) or Ripple (XRP) that you send to us but that we do not receive. You can view the balance on your BTC.com.au Card via the Site.
6.4 EML Terms and conditions
The terms and conditions in Part B of the BTC.com.au Card Product Disclosure Statement (EML Terms) govern the issue and your use of the BTC.com.au Card. You acknowledge that you have read, understood and agree to be bound by, the EML Terms. For the avoidance of doubt, we only agree to issue you with a BTC.com.au Card subject to the EML Terms.
6.5 Card application and registration
You can apply for your BTC.com.au Card via your Account. After you have completed the necessary application form online, we will post your BTC.com.au Card to the address that you provide to us. When you receive your BTC.com.au Card, you will need to visit https://btc.com.au/activate to activate your BTC.com.au Card and receive your PIN, by using the unique 9-digit activation code given to you with your BTC.com.au Card.
When applying for and activating your BTC.com.au Card, you agree to provide complete and accurate information about yourself. If you do not provide, or if we have reasonable grounds to suspect that you have not provided, such information, we have the right to disable your BTC.com.au Card in our sole discretion. You acknowledge that we will provide your information to EML for the purpose of EML verifying your identity.
6.6 Account Balance
You can view your transactions and card balance by signing into your Account.
6.7 Lost or Stolen cards
If your card is Lost or Stolen please contact BTC.com.au at firstname.lastname@example.org or call 1300 GET BTC (438 282).
You should treat your BTC.com.au Card like cash and not disclose your BTC.com.au Card information to anyone. If your BTC.com.au Card is lost or stolen, anyone who obtains possession may use your BTC.com.au Card. You are responsible for all transactions on your BTC.com.au Card, including unauthorised transactions.
You may subscribe to our newsletter to keep up to date with cryptocurrency news and BTC.com.au offerings. The information provided in our newsletter is not financial advice, and should not be regarded as such. Some of the information published will be our opinion, and other information may be news from other third parties. Although we intend to provide accurate and timely information and will not publish any information that we know to be incorrect or misleading, content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. We do not guarantee information from third parties is accurate, and you should verify all information before relying on it. All decisions based on information contained in the Newsletter or on the Site are your sole responsibility and we shall have no liability for such decisions.
Information provided is for your information only and is not intended to influence decisions made by you in any way. You should always consider your financial and personal circumstances before making a decision.
8.1 Transaction Limits
The use of the Services is subject to a limit on the amount or volume you may transact or transfer in a given period (for example, daily). To view the limits, login to your Account and visit the Site. Your transaction limits will vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary.
8.2 Enhanced Due Diligence
We may require you to submit additional information about yourself or your business, including providing records (Enhanced Due Diligence). In our discretion, we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
9.1 Our Fees
Fees payable in respect of an Instruction vary depending on the Authorised Payment Method you select, and are listed on the Site where you select your Authorised Payment Method, before you submit a Purchase Order. The breakdown of fees will also be included in the tax receipt that you will be issued upon payment. All fees and charges associated with your BTC.com.au Card are displayed in the BTC.com.au Card Product Disclosure Statement.
9.2 Third party payments
We make no representations or warranties about the timeliness of a provider of an Authorised Payment Method and take no responsibility for fees charged by such providers.
You will not, and you will not permit any other person to:
1) use or access the Site in a way that infringes the intellectual property rights or other rights of any person
2) use any anonymous network or protocol to access the Site or Services, or access the Site by any means other than the interfaces we provide for doing so
3) use any method or process to consolidate or combine the Site with any other content, data, information, images or material
4) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Site
5) do anything which will or may damage, disrupt access to or interfere for any period of time with the proper operation of the Site
6) knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software
7) do anything which will or may place an unreasonable load on the infrastructure of the Site
8) post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using the Site
9) use the Site to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Site
10) impersonate any person or entity
11) use the Site for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing
12) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Site, or
13) otherwise use the Website for any purpose that may harm our reputation.
If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Site or Services, you must promptly report it to us via email.
11.1 Use of your Account including unauthorised use
By using your Account, you agree and represent that you will use the Site only for yourself as Account owner, and not on behalf of any third party. You may not sell, lease, furnish or otherwise permit or provide access to your Account to any other entity or individual that is not your agent. You accept full responsibility for the use of your Account whether such use is directly through the Site or by other means, such as those facilitated through API keys, and/or applications which you may authorise. You understand and agree that you are liable for any and all Purchase Orders, transactions and Instructions entered from your Account, whether or not they are authorised by you, and we may act on any such Purchase Orders, transactions and Instructions which are entered from your Account, including identifiers, permissions, passwords, and security codes associated with your Account.
11.2 Continuous access not guaranteed
We do not represent that your Account, the Services, the Site and/or any constituent APIs or related services, will be available without interruption. Although we will use reasonable care to provide you with continuous operations, we do not guarantee continuous access or that there will be no delays, failures, errors, omissions or loss of transmitted information, nor do we guarantee that any Instruction will be executed, accepted, recorded, or remain open. We reserve the right to cancel any open Instructions and/or suspend activity on your Account.
11.3 Responsibility for your Instructions
For the avoidance of doubt, all trades are executed automatically, based on the parameters of your Instructions, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
12.1 Risks associated with bitcoin
You acknowledge and agree that bitcoin is not recognised legal tender in Australia and other countries, and that digital currency is not regulated by any central institution and may be subject to extreme price volatility. The operation of the underlying protocols which govern the operation of bitcoin (Underlying Protocols) are open source and may be used, copied, modified or distributed by third parties, and we are not responsible for and cannot guarantee the operation or functionality of the Underlying Protocols.
12.2 Your responsibility
You agree that you have had the opportunity to obtain independent legal, financial and taxation advice about the risks associated with buying bitcoin.
Links to third-party materials (including without limitation websites) may be provided as a convenience but that material is not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site. We provide these links for your information only, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including legal fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of these Terms against you, or your violation of any law, rule or regulation, or the rights of any third party.
14.2 Limitations of Liability
You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms or other legal wrong, and that any liability (however arising) we may have to you is limited in accordance with this clause 14.
14.3 Liability cap
Except as otherwise provided for in these Terms, the liability of BTC.com.au, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to the amount of the transaction(s) in dispute.
14.4 Limitation of loss
In addition to the other limitations of liability in these Terms, in no event will we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise:
1) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. For example (and without limiting the scope of the preceding sentence), if you claim that we failed to process an Instruction, your damages are limited to no more than the value of the bitcoin at issue in the transaction, and you may not recover for any "loss" of anticipated profits or for any actual losses made as a result of the failure to buy
2) any loss of use of hardware, software or data and/or any corruption of data, including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data, any error or delay in the transmission of such data, and/or any interruption in any such data
3) any loss or damage whatsoever which does not stem directly from our breach of these Terms
4) any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Terms (whether or not you are able to prove such loss or damage).
14.5 Non-excludable liability
The limitation of liability in this clause 14 is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the Services.
14.6 No warranties or representations
The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. We do not make any representations or warranties that access to the Site, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy or completeness of historical bitcoin price data available on the Site.
14.7 Safety and Security of Your Computer and Devices
We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You acknowledge that you should always log into your Account through the Site to review any transaction if you are uncertain about the authenticity of any communication or notice.
14.8 No Liability for unforeseeable circumstances
We are not liable for any breach of these Terms where the breach is due to a force majeure, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
15.1 Contact BTC.com.au
If you have any feedback, questions, or complaints, contact us via our Website at https://btc.com.au/contact or write to us at email@example.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Account, and the transaction on which you have feedback, questions, or complaints.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Website at https://btc.com.au/contact. We will consider your complaint based on the information you have provided. Within 15 business days of our receipt of your complaint, we will address all points raised in your complaint by sending you an e-mail (Resolution Notice) in which we will:
1) offer to resolve your complaint in the way your requested
2) make a determination rejecting your complaint and set out the reasons for the rejection, or
3) (3) offer to resolve your complaint with an alternative solution.
In exceptional circumstances, if we are unable to respond to your complaint within 15 business days for reasons beyond our control, we will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which we will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
We may suspend or terminate your Account or your access to the Site at any time without notice if we believe that you have breached these Terms or any other applicable laws. Suspension or termination of your Account does not affect the payment of fees or other amounts you owe to BTC.com.au. In the event that your Account is suspended, we will immediately cancel all open orders associated with your Account and bar the placing of further orders until resolution or Account cancellation.
We may vary these Terms by providing 10 days advance notice at any time. You will be taken to have accepted any changes to the Terms by continuing to use the Site and Services 10 days after that notice is provided. You acknowledge that we may vary these Terms immediately without advance notice, in order to protect the security or integrity of the Site, the Services or any Account or Instruction or to comply with law or regulation or to manage a technical or system fault or error.
Account means your account maintained by BTC.com.au, which allows (among other things) you to place bitcoin order instructions and use the Bill Paying Services.
AUD means Australian Dollars.
Authorised Payment Methods means methods we advise from time to time, and include POLi Payments and/or payment at a Participating Retailing Outlet through our integration with blueshyft.
blueshyft means the payment option which operates through a retail network of Australian retail partners and allows customers to use cash to pay for digital goods and services.
BTC.com.au Card is a prepaid, reloadable eftpos debit card issued by us EML.
BTC.com.au Card Product Disclosure Statement means the EML product disclosure statement located at https://btc.com.au/atm-pds.
Card Instruction means an Instruction initiated via the Site by a customer to sell bitcoin to BTC.com.au for the purpose of loading or reloading that customer’s BTC.com.au Card with AUD.
EML means EML Payment Solutions Ltd, which is a principal member of MasterCard in Australia and holds Australian Financial Services Licence no 404131.
Instruction means any instruction, including Purchase Orders, given by you to BTC.com.au via the Site.
Living Room of Satoshi means the Living Room of Satoshi Pty Ltd ACN 620 066 748.
Participating Retailing Outlet means a retail outlet that has entered an agreement with us to be part of the BTC.com.au network and which is is integrated with blueshyft. A list can be found here.
POLi Payments means the online payment option which facilitates internet banking payment from your bank account to a third party operated by POLi Payments Pty Ltd.
Purchase Order means an Instruction to purchase bitcoin.
Website means https://btc.com.au/.
Last updated: January 2019
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